On 05/01/2007, at 7:24 PM, Andrew Magennis wrote:
4. The attempt to contract out of "libel" law may itself be misleading and deceptive conduct. Firstly "libel" is a USA legal term of no legal relevance in Australia where instead we refer to "defamation". Secondly and more importantly whether in the USA or Australia a person can not contract out of libel or defamation. Irrespective of your subscription agreement users therefore will be exposed if guilty of defamation. Thirdly, a recent case in Australia established that websites hosted overseas, such as yours, but accessible in Australia are subject to Australian law. The particular case was in relation to defamation.
Sorry to prolong this shit but a few more points. A mailing list is not a web site, nor is any content on it accessible in public. In order to "expose" anything you'll need to join, and to join this private list you except the condition that you won't use the content externally. Very, very different to any case dealing with a web site or other content available to the public. Would you sue someone who said "Have you considered Genie?" in a private phone conversation?
I hope you and potential subscribers to the list find this information useful.
I'll take this as permission for me to do so, and pass on your message. Peter. _______________________________________________ Gpcg_talk mailing list [email protected] http://ozdocit.org/cgi-bin/mailman/listinfo/gpcg_talk
